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(영문) 대구지방법원안동지원 2020.08.25 2020고단13
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a string and freight vehicle B.

At around 12:10 on October 21, 2019, the Defendant, at the permanent residence of the Republic of Korea, proceeded with a road of one-lane in the front of C in the Pung-Eup area from the boundary of D University.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, in order to overtake a horse going on the front side by neglecting this, the part in front of the victim E (the 38-year-old driver) driving the above road from the surface of the public notice of the winding port to the surface of the winding in the winding port was driven by the fCA110 Otoba in front of the left side of the above cargo vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand slots that require medical treatment for about 12 weeks, and the Defendant suffered from the injury of the victim, such as the rupture.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, a actual survey report, an accident site photograph, and a CD;

1. Application of Acts and subordinate statutes to medical certificates;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the choice

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) provides that the degree of injury to a victim due to the defendant's negligence in the center line of the defendant's offense shall not be

However, the defendant recognized the crime of this case and reflected his mistake, agreed to pay 20 million won to the victim, the vehicle operated by the defendant is covered by the motor vehicle comprehensive insurance, the defendant has no record of criminal punishment after being sentenced to a fine in 1979, and the defendant's age, occupation, character and conduct, environment, family relationship, circumstances, and crimes.

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